The Minister for Justice, Helen McEntee T.D., has today welcomed the opening of a consultation to seek the views of key stakeholders on how the Civil Legal Aid Scheme can be reformed.
The consultation forms part of a comprehensive, independent review of the Civil Legal Aid Scheme, an action as committed to in the Justice Plan 2022 and the Programme for Government.
Minister McEntee said:
“I recently announced a review of the Civil Legal Aid Scheme, for the first time in its more than 40-year history. Today’s consultation marks the first step in that process.
“In order to provide maximum benefit to those it was established to serve, within the finite resources available to fund legal aid, a robust, comprehensive review of the scheme is now timely.”
“This review will allow for an assessment of how flexible and responsive the scheme is to the needs of those it is intended to serve.
“The consultation is aimed at academic and research institutions, NGOs, agencies and volunteer organisations. I would encourage as many groups as possible to participate and have their say on this important matter.”
The consultation is seeking interested parties to make submissions in relation to the following themes relating to the Civil Legal Aid Scheme:
- Types of civil law cases
- Jurisdictions covered by the scheme
- Eligibility
- Financial Contribution
- Mode of delivery
- Accessibility
- Awareness and assessment of the current scheme
- The future
An Independent Review Group, chaired by former Chief Justice, Mr. Frank Clarke, will oversee the consultation process as part of its work.
The Group’s terms of reference require them to examine all aspects of the current operation of the scheme and make recommendations regarding the future legal assistance needs of those who cannot afford to access legal advice and representation privately. The submissions made as part of this consultation will help inform that work.
Mr Clarke said:
“Throughout my career I have striven to broaden access to justice across the Irish legal system. Ensuring that we have a fair and robust Civil Legal Aid Scheme is key to achieving this.
“I am delighted to chair the Independent Review Group, which is made up of expert membership drawn from those who work with marginalised groups, legal practitioners, academics, Department officials and representatives from the Legal Aid Board.
We will be considering a number of issues in the review, including eligibility for Civil Legal Aid. This stakeholder consultation will be a valuable opportunity to hear from those most familiar with the scheme about its operation and potential for the future.”
This work is the first phase of a multi-phase consultation process to capture a broad of range of views across society. Minister McEntee added:
“The Group is here to listen and wants to hear from a full and varied range of voices on this crucial issue.”
“While this phase is aimed towards specific stakeholder groups, a separate, forthcoming consultation will invite members of the public to have their say.
Furthermore, the Review Group will, in the coming months, launch a third consultation specifically designed to enable hard-to-reach groups to contribute to the discussion and have their voices heard. I look forward to hearing what each group has to say.”
The consultation will run from Monday 14th November 2022 until Friday, 6th January 2023 and submissions can be made by email to legalaidcivil@justice.ie. Full details on the consultation can be found at: https://www.gov.ie/en/consultation/a7aa6-stakeholder-consultation-on-the-review-of-the-civil-legal-aid-scheme
ENDS
Notes for Editors:
- The Civil Legal Aid scheme provides legal aid and advice to people of limited means in civil disputes, including in family law.
- In June 2022, Minister McEntee announced a comprehensive review of the Civil Legal Aid Scheme, for the first time in its more than 40-year history.
- The Independent Civil Legal Aid Review Group has commenced its work, which is expected to take a period of 12 months. It will make periodic reports to Minister McEntee on the progress of its work, before submitting its final report once its work is completed.
- As part of the review process, there will be significant consultation, including a public consultation, to ensure that the insights of a range of stakeholders regarding the operation of the scheme – and how best to support those of limited means with legal needs – will inform the work of the Review Group.
- Capturing the views of those with unmet legal needs will be an important part of the Group’s consultation and engagement.
- The Review of the Civil Legal Aid Scheme is part of a broader civil justice reform programme Minister McEntee is spearheading across her Justice Plan 2022.
- This includes the establishment of a dedicated family court structure, the finalisation of the first national strategy on family justice, an independently chaired Judicial Planning Working Group, which is examining the number and type of judges needed over the next five years to ensure access to justice and the Implementation Plan on Civil Justice Efficiencies and Reform Measures, which has been published.
- Ultimately the review should map out a future for the Civil Legal Aid Scheme, one which will provide for a flexible service that has, as far as possible, the capacity and resources to respond to the priority legal assistance needs of those of insufficient means.
Notes on making a submission:
- Submissions will inform the work of the Civil Legal Aid Review Group as it considers the current scheme and its future.
- The Group is now providing an opportunity for interested parties to make submissions in relation to the following themes:
- Types of civil law cases
- Jurisdictions covered by the scheme
- Eligibility
- Financial Contribution
- Mode of delivery
- Accessibility
- Awareness and assessment of the current scheme
- The future
- An issues paper can be found here [Stakeholder Submission Issues Paper] containing a set of questions which stakeholders are asked to consider.
- Submissions should be made electronically by email to legalaidcivil@justice.ie .
- The deadline for submissions is Friday 6th January 2023.
- Submissions may be published in the future and will fall under the provisions of the Freedom of Information Act 2014.
- The Group is also developing other elements to its consultation, including gathering the views of members of the public who have applied for the scheme and those who have received legal aid and advice via it through a public consultation survey, as well as engaging with those who have unmet legal needs.